With the abolition of Section 21 from 1 May 2026 under the Renters' Rights Act 2025, Section 8 possession via the revised Schedule 2 grounds is now the only lawful route for a private landlord in England to recover possession from a tenant. This guide sets out every Ground, its notice period, whether it is mandatory or discretionary, and the conditions that must be met before the court can grant possession. When you are ready to serve, the Section 8 notice template pack covers every ground on the current Form 3A.
Not sure which ground applies to your situation? Use the free Section 8 Ground Picker; answer a few questions and get the correct ground, notice period, and evidence checklist instantly.
Mandatory vs discretionary grounds
- Mandatory grounds: If the ground is proved, the court must grant possession. Examples: Ground 8 (rent arrears), Ground 1A (sale), Ground 7A (ASB conviction)
- Discretionary grounds: Even if the ground is proved, the court decides whether it is reasonable to grant possession. Examples: Ground 10 (rent arrears below the Ground 8 threshold), Ground 12 (breach of tenancy term), Ground 13 (deterioration of property)
Ground 1, Landlord requires property as own home
Mandatory from 1 May 2026. The landlord (or a close family member) requires the property as their only or principal home in the United Kingdom. Notice period: 4 months, and the ground cannot take effect in the first 12 months of the tenancy.
Ground 1A, Landlord intends to sell
Mandatory from 1 May 2026. The landlord intends to sell the property. Notice period: 4 months, and the ground cannot take effect in the first 12 months of the tenancy. The landlord must demonstrate genuine intention to sell, signed solicitor instructions or property marketing evidence helps evidence intention, and a 12-month re-let and re-marketing ban applies from the possession date.
Ground 6A, Possession needed to comply with enforcement action
Mandatory. Possession is required so the landlord can comply with a planning or enforcement obligation, a banning order, or a licensing decision. Notice period: 4 months. Relevant, for example, where continuing the letting would put the landlord in breach of an enforcement measure.
Ground 7, Death of tenant
Mandatory. The periodic tenant has died and no one is entitled to succeed to the tenancy. Notice period: 2 months. Proceedings must begin within 12 months of the death, or of when the landlord became aware of it.
Ground 7A, Anti-social behaviour conviction or prohibition order
Mandatory. The tenant or a person residing in or visiting the property has been convicted of a serious offence or made subject to a relevant court order. No minimum notice period, court proceedings may begin as soon as the notice is served.
Ground 7B, Right to Rent failure
Mandatory. The tenant no longer has a legal right to rent in the UK. Notice period: 2 weeks. The Home Office issues a notice to the landlord confirming the tenant has no right to rent.
Ground 8, Mandatory rent arrears (3+ months)
Mandatory. The tenant owes at least three months' rent at the Section 8 notice date AND at the hearing date. Notice period: 4 weeks. If arrears drop below three months before the hearing, consider also pleading discretionary Ground 10 or 11.
Persistent rent arrears, no mandatory ground
A mandatory 'Ground 8A' for persistent arrears was proposed in the earlier Renters (Reform) Bill 2023 to 2024, which fell, but it was not enacted in the Renters' Rights Act 2025. There is no mandatory ground for a pattern of arrears. Use the discretionary Ground 11 (persistent late payment) for repeated arrears, supported by a rent ledger showing the pattern of late or missed payments.
Grounds 10 to 17, Discretionary grounds
- Ground 10: Any rent arrears at notice and hearing date, 4 weeks' notice
- Ground 11: Persistent delay in paying rent (even if no current arrears), 4 weeks' notice
- Ground 12: Breach of tenancy agreement, 2 weeks' notice
- Ground 13: Deterioration of the property, 2 weeks' notice
- Ground 14: Nuisance or annoyance to neighbours, notice valid immediately
- Ground 15: Deterioration of furniture (furnished lets), 2 weeks' notice
- Ground 17: Tenant misrepresentation to obtain the tenancy, 2 weeks' notice
Once you've identified which grounds apply, use the Section 8 Ground Picker to confirm your ground selection and notice period before completing Form 3A.
Serving a valid Section 8 notice, Form 3A
- Use Form 3A (or equivalent prescribed form)
- Specify every Ground relied on, you may plead multiple grounds as alternatives
- Give the correct notice period for each ground
- Set out full particulars of the ground(s), vague particulars are the most common reason for strike-out
- Clear any outstanding Information Sheet service (pre-May-2026 written tenancies) before serving notice; it is a civil penalty matter and courts expect a clean compliance record
- Keep proof of service: witness statement, recorded post, or email with read receipt
Sources
This guide is accurate as at 28 September 2026. It is provided for information purposes only and does not constitute legal advice.